Sexual Assault On A Child By One In A Position Of Trust (18-3-405.3 (2)(b)) Sexual Assault On A Child Pattern of Absue (18-3-405.3 (2)(d))

 

This web page contains the elements of the Colorado Crimes of Sexual Assault on a Child by One in a Position of Trust – Pattern of Abuse  18-3-405.3 (3)

These are only the basic elements of these crimes – to fully understand a crime with which you are charged you will need a much greater understanding of Colorado Criminal Law.

This web site is designed to empower criminal defendants by helping them understand every phase of the criminal justice process. It also addresses the different types of defenses and strategies that exist in the Colorado Criminal Justice System.

If you are charged with a crime and seek to understand the new world you have entered – you need to understand that criminal laws and procedures can be so complex that even judges can get them wrong.

Sexual Assault on a Child by One in a Position of Trust – Pattern of Abuse  18-3-405.3 (3)

Summary of Laws

• Any sexual contact committed on a child who is older than fifteen years of age but less than eighteen years of age (that is not part of a pattern of sexual abuse) by an actor who is in a position of trust with respect to that child (Section 18-3-405.3 (3), C.R.S.)

• Any sexual contact committed on a child who is less than 15 years of age or as part of a pattern of sexual abuse by an actor who is in a position of trust with respect to that child (Section 18-3-405.3 (2), C.R.S.)

The Precise Law

§ 18-3-405.3. Sexual assault on a child by one in a position of trust – pattern of abuse

(1) Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust with respect to the victim.

(2) Sexual assault on a child by one in a position of trust is a class 3 felony if:

(a) The victim is less than fifteen years of age; or

(b) The actor commits the offense as a part of a pattern of sexual abuse as described in subsection

(1) of this section. No specific date or time need be alleged for the pattern of sexual abuse; except that the acts constituting the pattern of sexual abuse whether charged in the information or indictment or committed prior to or at any time after the offense charged in the information or indictment, shall be subject to the provisions of section 16-5-401(1) (a), C.R.S., concerning sex offenses against children. The offense charged in the information or indictment shall constitute one of the incidents of sexual contact involving a child necessary to form a pattern of sexual abuse as defined in section 18-3-401 (2.5).

(3) Sexual assault on a child by one in a position of trust is a class 4 felony if the victim is fifteen years of age or older but less than eighteen years of age and the offense is not committed as part of a pattern of sexual abuse, as described in paragraph (b) of subsection (2) of this section.

(4) If a defendant is convicted of the class 3 felony of sexual assault on a child pursuant to paragraph (b) of subsection (2) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

Cite as C.R.S § 18-3-405.3